Consent Differentiates Rape from Zina when Victim left her home Voluntarily and engaged in a Consensual Relationship --- Supreme Court of Pakistan

Islamabad 03-03-2025: In a landmark ruling, the Supreme Court of Pakistan has overturned a rape conviction in [Jail Petition No. 481 of 2019], reclassifying the case as consensual zina under Section 496-B of the Pakistan Penal Code (PPC). The verdict sets a significant precedent on the evidentiary burden in rape cases, the role of DNA evidence, and the principle of fair trial rights.  

The case revolved around three accused persons, who were convicted by the Trial Court for the abduction and rape of Mst. A. The [FIR No. 847/2013] was registered under Sections 365-B (abduction), 376 (rape), and 109 PPC (abetment) at Police Station Madina Town, Faisalabad. The Trial Court sentenced main accused to 25 years for rape, while co-accused were awarded life imprisonment.  

On appeal, the Lahore High Court upheld main accused’s conviction but acquitted co-accused under Section 376(ii) PPC while maintaining their conviction under Section 365-B PPC. The case was then brought before the Supreme Court of Pakistan for final adjudication.   

The prosecution failed to establish that the victim was forcibly abducted. The Court noted that:  

1. The victim did not raise an alarm despite her family being nearby.  
2. No weapon or coercion was alleged in the FIR but was later introduced in Court.  
3. Witnesses, including the complainant’s brother, behaved unnaturally by not intervening.  

As a result, the Supreme Court of Pakistan overturned the convictions of co-accused under Section 365-B PPC and ordered their immediate release.  

A positive DNA test confirmed that main accused was the biological father of the victim’s child, but the Court ruled that:  

1. DNA proves intercourse but does not confirm lack of consent, which is essential for a rape conviction.  
2. The victim never alleged rape during multiple Court appearances while in Dar-ul-Aman.  
3. No signs of physical violence were found in the medical report.  
4. Given these findings, main accused’s rape conviction under Section 376(i) PPC was set aside.  
5. The Court determined that the victim left her home voluntarily and engaged in a consensual relationship, thereby classifying the offense as zina with consent (Section 496-B PPC) rather than rape. The main accused was sentenced to 5 years rigorous imprisonment under Section 496-B PPC instead of 25 years for rape.  
6. The Court reiterated that no person can be convicted of a crime unless formally charged. The victim could have been charged under Section 496-B PPC, but since the police did not make her an accused, the Court ruled that she could not be convicted in absentia.  

The Supreme Court of Pakistan cited Muhammad Imran Vs. The State [Criminal Misc. No. 374/2024 in Criminal Petition No. 725/2023], emphasizing that:  

1. Consent differentiates rape from zina.  
2. DNA alone is insufficient to convict for rape.   
3. Convictions must be based on credible evidence, not assumptions.  

Final Verdict  

1. The accused person’s conviction under Section 376(i) PPC was overturned.  
2. He was convicted under Section 496-B PPC (5 years imprisonment).  

Co-accused Person were acquitted and released.

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